Portola Valley City Council
July 12, 2023

TOWN OF PORTOLA VALLEY
Meeting of the Town Council
Wednesday, July 12, 2023
Closed Session 5:30 P.M.

Regular Session 7:00 P.M.

Jeff Aalfs, Mayor
Sarah Wernikoff, Vice Mayor
Judith Hasko, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember
REGULAR MEETING and CLOSED SESSION AGENDA
HISTORIC SCHOOLHOUSE - 765 Portola Road, Portola Valley, CA 94028
Remote Public Comments: Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Please submit your comments using this online form by 1:00 PM on the day of the meeting. Time permitting, your correspondence will be uploaded to the website. All received questions will be forwarded to Council, Commission, or Committee members for consideration during the meeting and included in the public record. Additionally, technology permitting, the public body will take questions using the Raise Hand button for those who attend the meeting online or by phone. Phone callers may provide comments by pressing *9 on their phone to "raise your hand" and *6 to mute/unmute themselves. The meeting Chair will call on people to speak by the phone number calling in. Remote participation is provided as a supplemental way to provide public comment, but this method does not always work. The public is encouraged to attend in person to ensure full participation.

Assistance for People with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (650) 851- 1700 or by email at [email protected]. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.

Sarah Wernikoff will be attending the meeting remotely at the following public location:

Woods Hole Inn- Chilmark Room
28 Water Street
Woods Hole, MA 02543

1. CALL TO ORDER- CLOSED SESSION

2. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items not on the agenda. Each speaker’s time is limited to three minutes.

3. CLOSED SESSION - PUBLIC EMPLOYEE
Pursuant to Government Code Section 54957
Title: Town Manager

VIRTUAL PARTICIPATION VIA ZOOM
To access the meeting by computer:
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Mute/Unmute – Press *6 / Raise Hand – Press *9
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Town of Portola Valley – Council Agenda
July 12, 2023

4. CALL TO ORDER- REGULAR SESSION

5. ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject may do so now. Please note, however, that the Council is not able to undertake extended discussion or action tonight on items not on the agenda. Each speaker’s time is limited to three minutes.

6. REPORT OUT OF CLOSED SESSION

7. CONSENT AGENDA
a. Approval of Minutes - 06/27/2023
b. Approval of Warrant List - 07/12/2023
c. Adoption of two resolutions for Woodside Highlands and Wayside II Road Maintenance District Tax Assessments
d. Adoption of a resolution for three-month extension of Sheriff Contract Amendment Two

8. REGULAR AGENDA
a. Study Session to consider Electronic Communications Policy

9. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Oral and written reports arising out of liaison appointments to both in-town and regional committees and initiatives. The Town Council does not take action under this agenda item.

10. INTERIM TOWN MANAGER REPORT
There are no written materials, and the Town Council does not take action under this agenda item.

11. ADJOURNMENT
The next Regular Town Council meeting will be held on August 9, 2023, at 7:00 p.m. ***************************************************************************************************************** Land Acknowledgement: The Town of Portola Valley acknowledges the colonial history of this land we dwell upon the unceded territory of the Ramaytush (rah-my-toosh) Ohlone, Tamien Nation, and Muwekma (mah-WEK-mah) Ohlone, who endured a human and cultural genocide that included removal from their lands and their sacred relationship to the land. Portola Valley recognizes that we profit from the commodification of land seized from indigenous peoples and now bear the ecological consequences. We seek to understand the impact of these legacies on all beings and to find ways to make repair.
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TOWN OF PORTOLA VALLEY
Historic Schoolhouse
765 Portola Road
Portola Valley, CA 94028
Jeff Aalfs, Mayor
Sarah Wernikoff, Vice Mayor
Judith Hasko, Councilmember
Mary Hufty, Councilmember
Craig Taylor, Councilmember

COUNCIL MINUTES – SPECIAL MEETING
TUESDAY - JUNE 27, 2023

1. CALL TO ORDER – 6:00 P.M.

Present: Mayor Aalfs, Councilmembers Hasko, Hufty, and Taylor

Absent: Vice Mayor Wernikoff

2. ORAL COMMUNICATION - CLOSED SESSION
• David Cardinal

3. CLOSED SESSION
At 6:01 p.m. the Mayor and Council adjourned to a closed session for the following:
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION At 6:00 p.m., Mayor Aalfs recessed the meeting to closed session for significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of California Government Code Section 54956.9: PublicSafety4PVNow, Inc., a Delaware corporation.

Govt. Code § 54956.9(d)(2): “[a] point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.

Closed Session Roll Call

Present: Mayor Aalfs, Councilmembers Hasko, and Taylor

Absent: Vice Mayor Wernikoff
Recused: Councilmember Hufty
Adjourn Closed Session
At 6:59 p.m., the Mayor and Council adjourned the closed session and moved into regular session.

4. CALL TO ORDER – REGULAR SESSION
The Tuesday, June 27, 2023, Special Meeting of the Mayor and Council of the Town of Portola Valley reconvened at 7:00 p.m.

Present: Mayor Aalfs and Councilmembers Hasko, Hufty, and Taylor.

Absent: Vice Mayor Wernikoff
Mayor Aalfs explained that Vice Mayor Wernikoff, who is out of town, will observe the meeting on Zoom.

She will be able to comment but cannot vote due to Brown Act posting requirements.

5. ORAL COMMUNICATIONS ON NON-AGENDA ITEMS
• Rita Comes
• David Cardinal
5 of 65
Minutes of the June 27, 2023, Special Town Council Meeting

6. REPORT ON CLOSED SESSION - ITEM 3
Mayor Aalfs announced that the Council voted in closed session to extend the tolling agreement with PublicSafety4PVNow, Inc. until September 11, 2023. The motion carried as follows:

Ayes: Mayor Aalfs and Councilmembers Hasko and Taylor

Absent: Vice Mayor Wernikoff
Recused: Councilmember Hufty

7. CONSENT CALENDAR
a. Approval of Minutes-June 14, 2023
b. Approve Warrant List-June 27, 2023
c. Approve Contract extension for engineering and plan check services with Nolte Associates, Inc, doing business as NV5, Inc.
d. Accept memo on Housing Element Post Adoption Plan Update e. Approve the Professional Services Agreement with Pinpoint Talent f. Approve reauthorization of the Town Treasurer as the Authority for Management of the Town’s Investment Programs
g. Appoint
• Bob Wrucke and Steve Ingebritsen to the Geologic Safety Committee • Maryann Berkowitz to the Parks and Recreation Committee h. Amend Charter of the Emergency Preparedness Committee The Council pulled items 7.e., 7.f. and 7.h. from the Consent Calendar Councilmember Hasko made a motion, seconded by Councilmember Hufty, to approve the remaining items (7.a., b., c., d., and g.) on the Consent Calendar. The motion carried by the following vote:

Ayes: Mayor Aalfs, Councilmembers Hasko, Hufty, and Taylor Nays: None

Absent: Vice Mayor Wernikoff
Item 7.3. Cindy Rodas, Finance Director, answered questions.

Comments on 7.e.
• Rita Comes
• David Cardinal
• Betsy Morgenthaler
Councilmember Hasko made a motion, seconded by Councilmember Hufty, to approve Item 7 e. The motion carried as follows:

Ayes: Mayor Aalfs, Councilmembers Hasko, Hufty, and Taylor Nays: None

Absent: Vice Mayor Wernikoff
6 of 65
Minutes of the June 27, 2023, Special Town Council Meeting

Item 7.f. Interim Town Manager Howard Young answered questions.

Councilmember Hasko made a motion, seconded by Councilmember Hufty, to approve Item 7.f. on the Consent Calendar. The motion carried as follows:

Ayes: Mayor Aalfs, Councilmembers Hasko, Hufty, and Taylor Nays: None

Absent: Vice Mayor Wernikoff
Kristy Corley asked a question during public comments.

Item 7.h. Councilmember Hufty made a motion, seconded by Councilmember Hasko, to approve Consent Calendar Item 7.h. The motion carried as follows.

Ayes: Mayor Aalfs, Councilmembers Hasko, Hufty, and Taylor Nays: None

Absent: Vice Mayor Wernikoff

8. PUBLIC HEARING – ADOPTION OF THE FISCAL YEAR 2023-2024 ANNUAL BUDGET Cindy Rodas, Director of Finance, and Starla Jerome-Robinson, management consultant, presented the Annual Budget for Fiscal Year 2023-2024 and answered questions from the Town Council.

The following spoke in public comments:
• Karen
• David Cardinal
• Rita Comes
• Betsy Morgenthaler
• Alyson Wood Illich
• Kristi Corley
• Vice Mayor Sarah Wernikoff
Councilmember Taylor made a motion, seconded by Councilmember Hasko, to reduce the allocation for the Housing Element Post Adoption line item from $75,000 to $50,000 and approve the resolution adopting the Fiscal Year 2023-2024 Annual Budget
Resolution No. 2928-2023 of the Town Council of the Town of Portola Valley adopting the Operating and Capital Budgets for Fiscal Year 2023-24.

The resolution was adopted by the following vote:

Ayes: Mayor Aalfs and Councilmembers Hasko and Taylor
Nays: None
Abstain: Councilmember Hufty

Absent: Vice Mayor Wernikoff
Recess Meeting
At 8:53 p.m., Mayor Aalfs called for a recess until 9:00 p.m.

Reconvene Meeting
The Special Meeting reconvened at 9:00 p.m.
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Minutes of the June 27, 2023, Special Town Council Meeting

Present: Mayor Aalfs, Councilmembers Hasko, Hufty, and Taylor

Absent: Vice Mayor Wernikoff

9. COUNCIL LIAISON COMMITTEE AND REGIONAL AGENCIES REPORTS Various members reported on committee meetings.
• Kristy Corley commented.

10. INTERIM TOWN MANAGER REPORT
Interim Town Manager Howard Young reported on several issues. • Rita Comes commented.

11. ADJOURNMENT
At 9:20 p.m., the Mayor adjourned the June 27, 2023, special meeting. The next regular Town Council meeting will be held on Wednesday, July 12, 2023, at 7:00 p.m. ************************************************************************************************************************ Land Acknowledgement:

The Town of Portola Valley acknowledges the colonial history of this land we dwell upon—the unceded territory of the Ramaytush (rah-my-toosh) Ohlone, Tamien Nation, and Muwekma (mah-WEK-mah) Ohlone, who endured a human and cultural genocide that included removal from their lands and their sacred relationship to the land. Portola Valley recognizes that we profit from the commodification of land seized from indigenous peoples and now bear the ecological consequences. We seek to understand the impact of these legacies on all beings and to find ways to make repair. 8 of 65
apachreg Town of Portola Valley hsingh 07/07/2023 09:42 Page 1 Check Register
Check Vendor Vendor Name Check Check BW CheckNumber Number Amount Date TypeChecks for Cash Account: 910-11011-000 3279 20 ALLIANT INSURANCE SERVICES 973.00 07/12/233280 44 BANK OF AMERICA 6,064.65 07/12/233281 79 CALIFORNIA WATER SERVICE CO 1,209.63 07/12/233282 121 SCA OF CA, LLC 1,782.06 07/12/233283 124 COMCAST 186.47 07/12/233284 127 CONTEMPORARY ENGRAVING CO. 195.06 07/12/233285 176 EXCEL LD 33.14 07/12/233286 337 O. NELSON & SON INC. 5,895.58 07/12/233287 367 PG&E 1,446.18 07/12/233288 372 PINNACLE BUILDING & DESIGN 1,000.00 07/12/233289 413 SANGINI MAJMUDAR BEDNER 2,468.80 07/12/233290 437 SMALL BUSINESS BENEFIT PLAN TR 1,172.60 07/12/233291 615 COUNTY OF SAN MATEO 9,592.41 07/12/233292 642 CYBERTARY.COM 808.45 07/12/233293 690 CRUZ STRATEGIES 625.00 07/12/233294 732 JOHN BADGER 264.00 07/12/233295 740 ALESSANDRO MORUZZI 340.00 07/12/233296 860 STEPFORD 7,626.58 07/12/233297 905 TAYLOR SOLENO 384.44 07/12/233298 919 PHIL BARTH 760.09 07/12/233299 949 PINPOINT TALENT, LLC 5,020.00 07/12/233300 996 GREGORY POSTEN 1,360.50 07/12/233301 1009 LINDA MOODY- FLEETWOOD MACRAME 2,000.00 07/12/233302 1010 KETCH, LLC 2,000.00 07/12/233303 1013 RANDALL TRUE 1,276.67 07/12/233304 1014 SEDDON CONSTRUCTION 1,000.00 07/12/233305 1015 ROBERT CARPER/NEW MONSOON 2,000.00 07/12/23Check totals: 57,485.31ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 57,485.31Check totals: 57,485.31ACH totals:EFTPS totals:Wire transfer totals:Payment Manager totals:GRAND TOTALS 57,485.31 9 of 65
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apapdinv2 hsingh Town of Portola Valley Page 1
09:47 07/07/23 Paid Invoices by Date
From: 07/12/2023 to 07/12/2023
Check Check Special Information Net Check Total Invoice Number Date Number Amount Invoices
Paid
Vendor: 20 ALLIANT INSURANCE SERVICES
07/12/23 3279 Premium Portola Valley Horse Fair 973.00 973.00 2297096 Vendor: 44 BANK OF AMERICA
3280 April Statement 6,064.65 6,064.65 1388-APRIL23
Vendor: 79 CALIFORNIA WATER SERVICE CO
3281 Deposit Refund, 40 Firethorn 1,209.63 403.21 PW0071-2019 Deposit Refund, 157 Ramoso 806.42 PW0079-2022
Vendor: 121 SCA OF CA, LLC
3282 May Litter/Street Clean 1,782.06 1,782.06 106199CS Vendor: 124 COMCAST
3283 WIFI-06.21.2023-07.20.2023 186.47 186.47 1945-JULY23 Vendor: 127 CONTEMPORARY ENGRAVING CO.
3284 Meeting Nameplates (5) 195.06 195.06 6506
Vendor: 176 EXCEL LD
3285 June Telephone LD Service 33.14 33.14 1196676838
Vendor: 337 O. NELSON & SON INC.
3286 Off Haul Mud at Ford Field from Bear Gulch & Alpine 5,895.58 5,895.58 253 Vendor: 367 PG&E
3287 May Statements 1,446.18 1,446.18 MAY-2023
Vendor: 372 PINNACLE BUILDING & DESIGN
3288 Deposit Refund, 501 Portola #7E 1,000.00 1,000.00 BLDR0024-2023 Vendor: 413 SANGINI MAJMUDAR BEDNER
3289 Spring 2023 Classes 2,468.80 2,468.80 SPRING-2023
Vendor: 437 SMALL BUSINESS BENEFIT PLAN TR
3290 July Dental/Vision 1,172.60 1,172.60 JULY-2023
Vendor: 615 COUNTY OF SAN MATEO
3291 Nov. 8 2022 Statewide General Election 9,592.41 9,592.41 2223039 Vendor: 642 CYBERTARY.COM
3292 April-May Transcription Services 808.45 808.45 4713 Vendor: 690 CRUZ STRATEGIES
10 of 65
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apapdinv2 hsingh Town of Portola Valley Page 2
09:47 07/07/23 Paid Invoices by Date
From: 07/12/2023 to 07/12/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
07/12/23 3293 Government Relations Work - June 625.00 625.00 2752 Vendor: 732 JOHN BADGER
3294 Reimbursement - PV Palooza Hosting Expenses 264.00 264.00 FRRC-23-9 Vendor: 740 ALESSANDRO MORUZZI
3295 Spring 2023 Classes 340.00 340.00 SPRING-2023-JUN
Vendor: 860 STEPFORD
3296 June IT Support 7,626.58 3,920.00 2301260
Microsoft Office 365 Plan - June 28.00 2301261Veeam Backup and Replication for Disaster Recovery - June 453.00 2301262Field Service - May 562.50 2306328Onsite Field Services Feb-March 150.00 2306326Hewlett Packard, HP Z27k G3 - LED Monitor 1,200.29 2301406Hewlett Packard, HP Z27k G3 - LED Monitor 1,200.29 2301402IT Support 112.50 2306327 Vendor: 905 TAYLOR SOLENO
3297 T. Soleno Reimbursement - Office Supplies 384.44 168.72 FRRS-23-14-1 T. Soleno Reimbursement - Office Supplies 215.72 FRRS-23-21 Vendor: 919 PHIL BARTH
3298 Reimbursement for PV Palooza 2023- Gear & Permit Fee 760.09 760.09 FRRC-23-7 Vendor: 949 PINPOINT TALENT, LLC
3299 Temp Service, H. Singh 6/19/23-6/25/23 5,020.00 1,980.00 6096 Temp Service, S. Ahmad 6/19/23-6/25/23 3,040.00 6097
Vendor: 996 GREGORY POSTEN
3300 Summer Concert Series 2023- Final Payment 1,360.50 1,360.50 1023 Vendor: 1009 LINDA MOODY- FLEETWOOD MACRAME
3301 Summer Concert Series 2023, Final Payment 2,000.00 2,000.00 FMPV 02 Vendor: 1010 KETCH, LLC
3302 Summer Concert - Live Performance, Deposit 2,000.00 2,000.00 09142023 Vendor: 1013 RANDALL TRUE
3303 Deposit Refund, 4860 Alpine 1,276.67 1,276.67 BPLR0004-2019 Vendor: 1014 SEDDON CONSTRUCTION
3304 Deposit Refund, 145 Fawn 1,000.00 1,000.00 BLDR0186-2021 11 of 65
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apapdinv2 hsingh Town of Portola Valley Page 3
09:47 07/07/23 Paid Invoices by Date
From: 07/12/2023 to 07/12/2023
Check Check Special Information Net Check Total Invoice NumberDate Number Amount Invoices Paid
Vendor: 1015 ROBERT CARPER/NEW MONSOON
3305 Summer Concert - Live Performance, Final Payment 2,000.00 2,000.00 09142023 Check Date Totals 57,485.31
Grand Total 57,485.31
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TOWN OF PORTOLA VALLEY
Warrant Disbursement Journal
July 12, 2023
Claims totaling $57,485.31 having been duly examined by me and found to be correct are hereby approved and verified by me as due bills against the Town of Portola Valley.

Date _____________________________ ________________________________ Interim Town Manager
Motion having been duly made and seconded, the above claims are hereby approved and allowed for payment.

Signed and sealed this (Date) _____________________
_______________________________ _________________________________ Acting Town Clerk Mayor
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Cindy Rodas, Finance Director
DATE: July 12, 2023
RE: 2023-24 Woodside Highlands and Wayside II Road Maintenance District Tax Assessments.

RECOMMENDATION
Staff recommends that the Town Council adopt the attached Resolutions authorizing the San Mateo County Controller to apply charges to the 2022-2023 tax roll for the two road maintenance districts, and authorizing the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected.

BACKGROUND
In July 1997, the Town Council acting as the Governing Boards for the Woodside Highlands and Wayside II Road Maintenance Districts, adopted Ordinances 1997-300 and 1977-301 respectively, imposing special taxes for private road maintenance on each improved parcel in the Districts. In November 1997, more than two-thirds of the voters within each district approved Measure C (Woodside Highlands) and Measure D (Wayside II), enacting the taxes. In June 2012, more than two-thirds of the voters within Wayside II approved Measure V, increasing their districts special tax.

DISCUSSION
On an annual basis, the San Mateo County Controller’s Office requires the submittal of updated assessment information and resolutions authorizing the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected. The attached resolutions authorize this tax collection.

FISCAL IMPACT
None.

ATTACHMENT

1. Resolution for the Woodside Highlands Road Maintenance District

2. Resolution for the Wayside II Road Maintenance District

TOWN OF PORTOLA VALLEY

STAFF REPORT

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RESOLUTION NO. 2023

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA

VALLEY AUTHORIZING THE SAN MATEO COUNTY CONTROLLER TO

APPLY THE SPECIAL TAX FOR THE WOODSIDE HIGHLANDS ROAD
MAINTENANCE DISTRICT TO THE 2023-2024 TAX ROLL AND TO

COLLECT THE TAX AT THE SAME TIME AS GENERAL COUNTY TAXES WHEREAS, at its June 25, 1997 meeting, the Portola Valley Town Council, acting as the Governing Board for the Woodside Highlands Road Maintenance District, adopted Ordinance No. 1997-300, imposing a special tax for private road maintenance; and WHEREAS, in November 1997, more than two-thirds of the voters within the Woodside Highlands Road Maintenance District approved Measure C on the ballot enacting the special tax; and
WHEREAS, each improved parcel within the Woodside Highlands Road Maintenance District is required to remit $250 annually; and WHEREAS, Ordinance No. 1997-300 has not been amended and none of the parcels have been modified over the past year.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:

1. The Town of Portola Valley authorizes the San Mateo County Controller to apply the charges to the 2023-2024 tax roll in accordance with documents supplied by the Woodside Highlands Road Maintenance District; and

2. The Town of Portola Valley authorizes the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected.

PASSED AND ADOPTED this 12th day of July, 2023.

ATTEST:

By:

Mayor
Town Clerk
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RESOLUTION NO. -2023

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF

PORTOLA VALLEY AUTHORIZING THE SAN MATEO COUNTY

CONTROLLER TO APPLY THE SPECIAL TAX FOR THE WAYSIDE
II ROAD MAINTENANCE DISTRICT TO THE 2023-2024 TAX ROLL

AND TO COLLECT THE TAX AT THE SAME TIME AS GENERAL

COUNTY TAXES
WHEREAS, at its July 9, 1997 meeting, the Portola Valley Town Council, acting as the Governing Board for the Wayside II Road Maintenance District, adopted Ordinance No. 1997-301, imposing a special tax for private road maintenance; and WHEREAS, in November 1997, more than two-thirds of the voters within the Wayside II Road Maintenance District approved Measure D on the ballot enacting the special tax; and
WHEREAS, in June 2012, more than two-thirds of the voters within the District approved Measure V on the ballot increasing the special tax; WHEREAS, each improved parcel within the Wayside II Road Maintenance District is required to remit $950 annually; and
WHEREAS, Ordinance No. 1997-301 has not been amended and none of the parcels have been modified over the past year.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Portola Valley that:

1. The Town of Portola Valley authorizes the San Mateo County Controller to apply the charges to the 2023-2024 tax roll in accordance with documents supplied by the Wayside II Road Maintenance District; and

2. The Town of Portola Valley authorizes the tax collector to collect the taxes at the same time and in the same manner as the general county taxes are collected.

PASSED AND ADOPTED this 12th day of July, 2023.

By:_______________________________
Mayor
ATTEST:
__________________________________
Town Clerk
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Howard Young, Interim Town Manager / Public Works Director DATE: July 12, 2023
RE: Adoption of Resolution Approving an additional Three-Month Contract Amendment Two, Between the County of San Mateo and the Town of Portola Valley for Law Enforcement Services

RECOMMENDATION
Staff recommends that the Town Council adopt a resolution approving an additional Threemonth contract amendment to an existing agreement for Law Enforcement Services between the County of San Mateo and the Town of Portola Valley (Attachment 2- Amendment Two).

BACKGROUND
The San Mateo County Sheriff’s Office has provided law enforcement services for the Town of Portola Valley since before its incorporation in 1964, and under contract since 1983. The terms of the agreements between the Town and Sheriff’s Office typically have been threeto-five-year terms. The current contract, approved by the Town Council on July 11, 2018, was set to expire on June 30, 2023.

In early 2022, the Town Council appointed Mayor Aalfs and Vice Mayor Wernikoff to serve as the Sheriff Contract Subcommittee. Discussions with the Sheriff’s Office have begun, with the most recent conversation on April 19, 2023.

The Town Council held a study session at its April 26, 2023 regular meeting, with Sheriffs staff providing a presentation. The purpose of the study session was to provide background, information regarding the new proposed contract, and direction to staff and the Subcommittee on any desired modifications to the proposed agreement with the Sheriff’s Office for police services. The proposed contract had an approximate increase of $852,739 from the previous contract due to cost-of-living increases and operational costs that were not previously passed on to the Town. In light of the large cost increase, staff inquired about a potential contract extension to provide time to make decisions and properly determine additional funding sources or reduced staffing. During the study session presentation, Sheriff staff offered a three-month extension of July 1, 2023 – September 30, 2023 at the

TOWN OF PORTOLA VALLEY

STAFF REPORT

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Sheriff Contract Amendment Two Town Council 7/12/23

FY 2022/23 rates, in order to give the Council and community time to consider. Council Members approved this Amendment 1 covering July-September at its May 24, 2023 meeting. The amendment provided the Town limited time to continue studying information regarding the new proposed Sheriff contract, fiscal impacts, and funding sources. The Town Council also held a second study session on the Sheriffs contract at its June 14, 2023 meeting.

After further consideration, the three-month extension from July-September will not be sufficient time for the Town. The County requires 6-8 weeks lead time for the County to process and approve a contract. The Town would have had to respond by the end of July to comply with the County standard contract approval process. As a result, staff requested the Sheriff to consider another extension.

DISCUSSION
The Sheriff Department was willing to provide an extension of an additional three months at the FY 2022/23 rates from October to December 2023 (Attachment 2- Amendment Two).

The amendment provides the Town more time to continue studying information regarding the new proposed Sheriff contract, fiscal impacts, and funding sources. The Town Council also held a study session concerning revenue enhancement at its June 14, 2023 meeting.

As with Amendment One, this new Amendment Two requires that the Town notify the County in advance, no later than October 1, 2023, of its desire for the Sheriff’s Office to continue to provide law enforcement services for the Town. Also, considering the County’s Board of Supervisors processing times of 6-8 weeks for approving a new Sheriffs contract, the Town would need to finalize a new Sheriffs contract by October 31, 2023 to met the December 31, 2023 deadline.

Further study sessions concerning the new proposed Sheriffs contract will be tentatively scheduled as needed for August, September, and/or October, to provide direction to staff with the intent to finalize a new contract.

FISCAL IMPACT
For FY 2023-24, the amount of this contract Amendment Two is $373,461. This amount represents an extension of the Town’s FY 2022/23 lower rates for quarter OctoberDecember, providing a potential savings of approximately $213,185 to the Town from the proposed FY 2023-24 contract rates for the October 1, 2023 - December 30, 2023 timeframe.

Combining both Amendment One savings of $213,185 and Amendment Two savings for $213,185, the total savings provided to the Town by the Sheriff for services from July – December 2023 is approximately $426,370.

The proper funding amounts have been placed in the FY 2023-24 budget per the Town’s budgeting process.
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Sheriff Contract Amendment Two Town Council 7/12/23

ATTACHMENTS

1. Resolution

2. Sheriff Contract Amendment Two

3. 2018 Sheriff Contract
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ATTACHMENT #1
RESOLUTION NO. -2023

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY

APPROVING A THREE-MONTH CONTRACT AMENDMENT TWO FOR LAW

ENFORCEMENT SERVICES BETWEEN THE TOWN OF PORTOLA VALLEY AND

THE COUNTY OF SAN MATEO
WHEREAS, the Town Council of Portola Valley has read and considered the contract Amendment Two for law enforcement services for Fiscal Year 2023-24 from July 1, 2023, to December 31, 2023 between the Town and the County of San Mateo.

NOW, THEREFORE, the Town Council of the Town of Portola Valley does RESOLVE as follows:

Section 1. Public interest and convenience require the Town of Portola Valley to enter into Amendment Two as described above.

Section 2. The Town of Portola Valley hereby approves Amendment Two and the Mayor is hereby authorized on behalf of the Town to execute the Agreement between the Town of Portola Valley and the County of San Mateo.

PASSED AND ADOPTED this 12th of July 2023.

By:

Jeff Aalfs, Mayor
ATTEST:

Town Clerk
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AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Portola Valley

AMENDMENT TWO

TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE

COUNTY OF SAN MATEO AND THE TOWN OF PORTOLA VALLEY
This SECOND AMENDMENT to the Agreement for Law Enforcement Services, dated for reference purposes only as of June 20, 2023, is made between the Town of Portola Valley, hereinafter referred to as “Town” and the County of San Mateo, State of California, hereinafter referred to as “County.”

W I T N E S S E T H
WHEREAS, on July 1, 2018, the Town and County entered into an Agreement (Resolution No. 076145) for the performance of the agreed upon law enforcement services within its boundaries by the County through the Sheriff; and
WHEREAS, Resolution No. 076145 authorizes the Sheriff or Sheriff’s designee to accept or execute notices, documents, and amendments associated with this Agreement; and WHEREAS, in June 2023, Amendment One to the Agreement was approved which extended the term and increased the amount; and
WHEREAS, both parties wish to further amend the agreement to extend the term and increase the amount.

NOW, THEREFORE, IT IS HEREBY AGREED as follows:

1. Paragraph 3, Payments, of the Agreement is amended to read as follows:

3. Payments
In consideration of the services provided by County, Town shall make payments to County based on the rates and in the manner specified in Exhibit B. In no event shall the Town’s fiscal obligation to County under this Agreement exceed SEVEN MILLION EIGHTY THOUSAND EIGHT HUNDRED FIFTY-ONE DOLLARS AND NO CENTS ($7,080,851.00).

2. Paragraph 4, Term, of the Agreement is amended to read as follows:

4. Term
This Agreement shall be in full force and effect from JULY 1, 2018 TO DECEMBER 31, 2023.

If approval of this Agreement should be delayed past the commencement date due to extenuating circumstances, the Agreement shall be considered retroactive to July 1, 2018 for purposes of costs, charges, and payments by Town.

Town shall notify County no later than October 1, 2023 of its desire for the Sheriff’s Office to continue to provide law enforcement services for and on behalf of Town within the territorial limits of Town, and the parties shall thereafter endeavor to reach a mutual agreement for said law enforcement services to take effect upon expiration of this Agreement.

3. “Exhibit B – Payments and Rates (Revised May 2023)”, to the Agreement is hereby deleted in its entirety and replaced with “Exhibit B –Payments and Rates (Revised June 2023)”, attached hereto and incorporated by reference.

Attachment 2
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AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Portola Valley

4. This Amendment Two is hereby incorporated and made a part of the original Agreement and subject to all provisions therein. All other terms of the original Agreement not in conflict with Amendment Two remain in effect and are incorporated by reference. 22 of 65
AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Portola Valley IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO
A Political Sub-division of the
State of California
BY:

SHERIFF CHRISTINA CORPUS
DATE:

TOWN OF PORTOLA VALLEY
BY:

MAYOR
DATE:

ATTEST:

BY:

TOWN CLERK
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AMENDMENT NO. 2 | AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office | Town of Portola Valley Exhibit B – Payments and Rates
(Revised June 2023)
In consideration of the services described in Exhibit A, Town shall pay County based on the following fee schedule (these rates do not include Town Requested Services, described in Exhibit A):

1. CHARGES FOR SERVICES
Town agrees to pay County for services set forth herein.

FY 2018-19 FY2019-20 FY 2020-21 FY 2021-22 FY 2022-23
FY 2023-24*
(July 1, 2023 –
Dec 31, 2023)
TOTAL
Law
Enforcement
Services
$745,821 $830,130 $919,394 $1,019,037 $1,128,323 $564,162 $5,206,867 Supplemental
Law Enforcement
Services
$312,457 $323,393 $337,946 $351,464 $365,522 $182,760 $1,873,542 TOTAL $1,058,278 $1,153,523 $1,257,340 $1,370,500 $1,493,845 $746,922 $7,080,408 *Town will be charged 50% of the FY 2022-23 rate for the first half of FY 2023-24.

2. PAYMENTS
Total charges listed below are a combined total of Section 1 above, to be invoiced and paid quarterly.

Invoice Issued FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 September 30 $264,569.50 $288,380.75 $314,335.00 $342,625.00 $373,461.25 December 31 $264,569.50 $288,380.75 $314,335.00 $342,625.00 $373,461.25 March 31 $264,569.50 $288,380.75 $314,335.00 $342,625.00 $373,461.25 June 30 $264,569.50 $288,380.75 $314,335.00 $342,625.00 $373,461.25 TOTAL $1,058,278 $1,153,523 $1,257,340 $1,370,500 $1,493,845 Invoice Issued FY 2023-24
July 1 $373,461
October 1 $373,461
TOTAL $746,922

3. INVOICING / BILLING
a. Invoicing
On a quarterly basis in accordance with Section 2 above, the Sheriff’s Office Fiscal Bureau shall submit an invoice to Town. Questions regarding invoicing shall be directed to the Sheriff’s Office Financial Services Manager Deniz Tunc at [email protected] or mailed to:

San Mateo County Sheriff’s Office
Attn. Fiscal Bureau
400 County Center, 3
rd Flr
Redwood City, CA 94063
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AMENDMENT NO. 2 I AGREEMENT FOR LAW ENFORCEMENT SERVICES San Mateo County Sheriff’s Office ITown of Portola Valley b. Payment Due
Payment from Town shall be made to County within 90 days of receipt of invoice.

4. FORENSIC LABORATORY FEES
If at any future date during the Agreement period, it is determined by the County that Town will be responsible for reimbursement of Forensic Laboratory Fees to the County, Town will be billed and responsible for payment of the prevailing rates for such services to County. Any said costs will be in addition to payments specified in Sections 1 and 2 above.
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Attachment 3
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Catherine Engberg, Interim Town Attorney
DATE: July 12, 2023
RE: Study Session to Consider Electronic Communications Policy RECOMMENDED ACTION:

Conduct a Study Session to Consider Sample Electronic Communications Policies and provide direction to staff regarding bringing forward a policy for consideration at a regular meeting of the Town Council.

BACKGROUND:

Technology has significantly expanded opportunities to enhance communication, efficiency, and productivity. Members of the Town Council, as well as Town Commissions and Committees, routinely use electronic media in order to improve communication and efficiently perform their Town duties.

In August 2022, the Council adopted a policy regarding texting and emailing during public meetings (“texting policy”).
1 The texting policy generally prohibits private email or text communications among Council, Commission, and Committee members during public meetings regarding the business of that legislative body. The texting policy does not apply to electronic communications outside a public meeting, nor does it address communications on social media sites.

In addition, AB 992 took effect in January 2021, and amended the Brown Act to clarify that:

1. Officials subject to the Brown Act may not respond directly to any social media communication posted, made, or shared by another member of the same legislative body if it concerns a matter of agency business. This prohibition applies 1 The texting policy is available on the Town’s website at https://www.portolavalley.net/home/showpublisheddocument/16426/637952260183230000.

TOWN OF PORTOLA VALLEY

STAFF REPORT

TOWN OF PORTOLA VALLEY
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Electronics Communications Policy Town Council 7/12/23

to commenting, posting emojis or other images, and other digital icons (including clicking on a reactive symbol, such as “thumbs up,” “like,” or “heart”).

2. Public officials may engage in separate social media conversations with members of the public to answer questions, to provide information, and to solicit information from the public regarding a matter of agency business. These communications are only allowed under the Brown Act, however, if a majority of the members of a legislative body does not discuss specific agency business by commenting, replying, sharing, reacting or using digital icons.

Staff has received questions from Town officials and members of the community regarding these forms of electronic communications. In addition, the Town often receives Public Records Act requests for electronic communications sent to or from Town officials.

DISCUSSION:

The purpose of this item is to solicit Council feedback regarding a potential electronic communications policy to help ensure that the use of electronic media by the Council, Commissions, and Committees complies with applicable law, including the Public Records Act (PRA), Brown Act, and records retention laws.

Staff has identified policies from Saratoga, Los Gatos, and San Jose that address some or all of these topics and were adopted or revised after AB 992 took effect. For example, Saratoga’s “City Council and Commissions Electronic Communications Policy” addresses the following key topics:
• Use of City/Town email accounts for official City/Town business, with exceptions for Commissioners who may use personal email accounts
• Procedures to respond to PRA requests that cover e-communications other than e-mail communications (such as social media or text conversations) • Avoidance of electronic communication (including social media) by a quorum of Councilmembers, Commissioners, or Committee members
• Procedures for receipt and distribution of e-communication from the public • Prohibition on e-communication by councilmembers and commissioners during meetings, with exception for family emergencies
The staff report attaches two other example policies. The Los Gatos Social Media policy is narrower in scope in that it focuses on social media only. The Los Gatos policy defines social media as “Publicly accessible technologies used to publish and/or share information using the internet. Examples of social media include: Nextdoor, Facebook, Instagram, Twitter, Linkedin, and YouTube.”
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Electronics Communications Policy Town Council 7/12/23

The San Jose policy covers additional topics such as intellectual property and data security, but does not address social media use as comprehensively as the two other policies.

Staff recommends that the Council provide direction to staff regarding bringing forward a policy for consideration at a regular meeting of the Town Council. For example, staff will be seeking direction on the following policy issues:

1. Does Council seek to adopt a policy that covers social media only (e.g., Los Gatos) or a broader policy addressing all forms of electronic communication (e.g., Saratoga and San Jose)?

2. Should the policy apply to Brown Act bodies such as Council, Commissions, and Committees (e.g., Saratoga’s policy)? Or also to staff (e.g. San Jose)?

3. Should the policy expressly cover sites such as NextDoor and PV Forum that are moderated (e.g., Los Gatos) or more closely track AB 992 language (e.g., Saratoga)?

4. Does the Council have suggested modifications to address electronic communications by Town Committee members?

ATTACHMENTS

1. City of Saratoga City Council and Commissions Electronics Communications Policy (rev. July 2021)

2. Town of Los Gatos Social Media Policy (rev. Oct. 2022)

3. City of San Jose Administrative Policy re Use of Email, Internet Services and Other Electronic Media (rev. Jan. 2023)
1660059.2
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Electronics Communications Policy Town Council 7/12/23

to commenting, posting emojis or other images, and other digital icons (including clicking on a reactive symbol, such as “thumbs up,” “like,” or “heart”).

2. Public officials may engage in separate social media conversations with members of the public to answer questions, to provide information, and to solicit information from the public regarding a matter of agency business. These communications are only allowed under the Brown Act, however, if a majority of the members of a legislative body does not discuss specific agency business by commenting, replying, sharing, reacting or using digital icons.

Staff has received questions from Town officials and members of the community regarding these forms of electronic communications. In addition, the Town often receives Public Records Act requests for electronic communications sent to or from Town officials.

DISCUSSION:

The purpose of this item is to solicit Council feedback regarding a potential electronic communications policy to help ensure that the use of electronic media by the Council, Commissions, and Committees complies with applicable law, including the Public Records Act (PRA), Brown Act, and records retention laws.

Staff has identified policies from Saratoga, Los Gatos, and San Jose that address some or all of these topics and were adopted or revised after AB 992 took effect. For example, Saratoga’s “City Council and Commissions Electronic Communications Policy” addresses the following key topics:
• Use of City/Town email accounts for official City/Town business, with exceptions for Commissioners who may use personal email accounts
• Procedures to respond to PRA requests that cover e-communications other than e-mail communications (such as social media or text conversations) • Avoidance of electronic communication (including social media) by a quorum of Councilmembers, Commissioners, or Committee members
• Procedures for receipt and distribution of e-communication from the public • Prohibition on e-communication by councilmembers and commissioners during meetings, with exception for family emergencies
The staff report attaches two other example policies. The Los Gatos Social Media policy is narrower in scope in that it focuses on social media only. The Los Gatos policy defines social media as “Publicly accessible technologies used to publish and/or share information using the internet. Examples of social media include: Nextdoor, Facebook, Instagram, Twitter, Linkedin, and YouTube.”
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Electronics Communications Policy Town Council 7/12/23

The San Jose policy covers additional topics such as intellectual property and data security, but does not address social media use as comprehensively as the two other policies.

Staff recommends that the Council provide direction to staff regarding bringing forward a policy for consideration at a regular meeting of the Town Council. For example, staff will be seeking direction on the following policy issues:

1. Does Council seek to adopt a policy that covers social media only (e.g., Los Gatos) or a broader policy addressing all forms of electronic communication (e.g., Saratoga and San Jose)?

2. Should the policy apply to Brown Act bodies such as Council, Commissions, and Committees (e.g., Saratoga’s policy)? Or also to staff (e.g. San Jose)?

3. Should the policy expressly cover sites such as NextDoor and PV Forum that are moderated (e.g., Los Gatos) or more closely track AB 992 language (e.g., Saratoga)?

4. Does the Council have suggested modifications to address electronic communications by Town Committee members?

ATTACHMENTS

1. City of Saratoga City Council and Commissions Electronics Communications Policy (rev. July 2021)

2. Town of Los Gatos Social Media Policy (rev. Oct. 2022)

3. City of San Jose Administrative Policy re Use of Email, Internet Services and Other Electronic Media (rev. Jan. 2023)
1660059.2
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RESOLUTION NO. 21- 049

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA

AMENDING THE CITY COUNCIL AND COMMISSIONS ELECTRONIC

COMMUNICATIONS POLICY
WHEREAS, the City of Saratoga seeks to promote effective use of electronic communications by City Council members and Commissioners in conducting City business and to create a system that allows compliance with state and federal laws governing electronic communications including the Brown Act, the Public Records Act, records retention laws, and state and federal rules of evidence; and WHEREAS, the City Council approved Resolution No. 10- 026 on May 19, 2010 adopting the City Council and Commission Electronic Communications Policy; and WHEREAS, the City Council wishes to update that policy to reflect changes in the law and City practices and to promote clarity.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby adopt the attached amended City Council and Commission Electronic Communications Policy and declares that this Resolution shall supersede all prior resolutions, policies, and understandings relating to the City Council and Commission Electronic Communications Policy.

The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 21" day of July 2021 by the following vote:

AYES: Mayor Yan Zhao, Vice Mayor Tina Walia, Council Members Mary -Lynne Bernald, Kookie Fitzsimmons, Rishi Kumar
NOES:

ABSENT:

ABSTAIN:

Yan Zhao, Mayor
ATf)ST:

DATE:

D to Bretschneider, CMC, City Clerk
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CITY OF SARATOGA
City Council and Commissions
Electronic Communications Policy
Updated July 21, 2021
I. Purpose: Use of electronic media is necessary and useful for City Council and Commission members in order to improve communication and efficiently perform their City duties. The purpose of this policy is to ensure the proper use of the City' s electronic media and to set out the policy the City Council and Commission members will follow when using electronic media and the City' s electronic communication system. This policy will also insure that use of City electronic media complies with applicable law, including the Public Records Act and Brown Act.

This policy is applicable to all City Council members and Commissioners.

II. Definitions
A. City' s Electronic Communication System — City -owned devices or products designed to electronically process, transmit, or store information such as computers, phones, cell and smart phones, printers, modems, data files, and e- mail.

B. E- Communication — electronic text or visual communication and attachments distributed via e- mail, websites, instant messaging, text messaging, social media platform such as Twitter, Facebook, and Instagram), or comparable services.

C. Electronic Media — a method for processing or transmitting information in electronic form, including E- Communication, software programs and the Internet.

D. Social Media Platform - an online service that members of the general public have the ability to access and participate, free of charge, without the approval by the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the social media platform determines that an individual violated its protocols or rules.

III. General Procedures
A. Procedures for Electronic Communications. E-Communication by nature represents and reflects upon the City' s public image and integrity. Council members and Commissioners should ensure that their messages are respectful, professional, and are consistent with City policies. E- Communication should be written or otherwise presented in the same professional and respectful manner as paper communications. The City' s Electronic Communication System shall be used only for City business.

B. City Council E- mail Accounts and E- Communications. All Council members will be issued accounts for use of City electronic media for e- mail on City business. Council members shall not use their personal or business e- mail accounts or addresses for any 44 of 65
communication pertaining to City business. When using e- mail, users should communicate with the public and staff solely via their designated City e- mail addresses.

Council members shall not commingle E- Communication pertaining to City business with E- Communication pertaining to their personal life or business. If a personal or business e- mail addresses is inadvertently used for City business the Councilmember shall forward that communication to the City Clerk and notify the other party to the communication that future communication on that matter should occur through the City issued e- mail address. Council members shall keep a record of all E- Communications other than e- mail communications ( such as social media or text conversations) and provide a copy to the City Clerk upon request in the event of a Public Records Act request.

C. Commissioner E-Communications. Commissioners use their personal ECommunications accounts for City business. All E-Communications concerning Commission business must include a copy to the Commission staff liaison; this ensures that the City has a record of all E- Communications concerning City business. Members of the public may contact Commissioners through the City website; these communications are forwarded to each Commissioner. Commissioners shall keep a record of all E-Communications other than e- mail communications ( such as social media or text conversations) and provide a copy to the Commission liaison upon request in the event of a Public Records Act request.

D. Electronic Communications between Council members or Commissioners Concerning City Business. Communications from ( 1) a Council member to another Council member or members concerning City business, and ( 2) a Commissioner to another Commissioner or Commissioners concerning Commission business should be one way" and marked " For Information Only —Do Not Reply." E. E- Communications with the Public. In accordance with the Brown Act, Council members and Commissioners may engage in separate conversations with members of the public on Social Media Platforms to answer questions, provide information, and request information from the public on a matter of City business. Council members and Commissioners may not respond directly to any communication on a Social Media Platform posted, made, or shared by another member of the body on which they serve if it concerns a matter of that body' s business. This prohibition applies to commenting, posting emojis or other images, and other digital icons ( including clicking on a reactive symbol, such as " thumbs up," " like," or " heart").

F. Electronic Communication by a Quorum of the Council and Commission or a Council and Commission Standing Committee. A majority of the members of the Council or a Commission shall not send or exchange facts about or engage in discussions including commenting, replying, sharing, reacting or using digital icons), regarding matters of the Council' s ( for Council members) or their Commission' s ( for Commissioners) business via E- Communication, including e- mail, Social Media Council and Commission Electronic Communications Policy — Updated July 21, 2021

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Platforms or chat rooms, news groups, on-line forums, weblogs, or list -serves collectively referred to as " Internet forums").

G. Electronic Communications from the Public. The public may electronically communicate with the Council and Commissions through the City' s Website at:
www. sarato
ca. us.
1) E- Communication from the public addressed to the City Council will be distributed promptly to each Council member and E- Communication addressed to a Commission will be distributed promptly to each member of the Commission.

E- Communication addressed to the Council or a Commission also will be forwarded to the City Clerk. To avoid inadvertent violations of the Brown Act the Mayor, or Mayor' s designated representative, in consultation with staff if necessary, will respond on behalf of the Council to E- Communication addressed to the Council with a copy to the City Council. The Commission chair or Commission staff liaison will respond on behalf of the Commission to ECommunication addressed to the Commission with a copy to the Commission. 2) E- Communication from the public addressed to more than a quorum of the City Council or Commission shall be forwarded by the recipients to the City Clerk ( for the City Council) or staff liaison for the Commission. These E- Communications will be distributed and responded to in accordance with paragraph G. 1, above. 3) Upon receipt of an E-Communication addressed to less than a quorum of the City Council or Commission, the recipient may: 1) treat it as an individual communication to which he or she may or may not respond; 2) inform the Council or Commission of the communication at a properly noticed meeting; or 3) ask that it be forwarded to the full Council or Commission as part of its information packet for the next available Council or Commission meeting. Such ECommunication may also be forwarded to staff for response as set out in Section G, below. When a Council member or Commissioner responds to individual ECommunication from the public, and desires to forward the response to the Council or Commission, he or she shall forward his or her response and the individual E- Communication to the City Clerk or Commission liaison for inclusion in the Council or Commission' s informational packet at the next available Council or Commission meeting.

H. City Electronic Communications with the Public.
1) City staff will post official information on upcoming and prior City Council and Commission meetings on the City website in accordance with requirements of the Brown Act. Council and Commission agendas and minutes will be available on the City website. 2) Additionally, the City will share information about City hosted activities and topics of community interest through City communication channels, such as the City website and social media accounts. Information about community events hosted by other Council and Commission Electronic Communications Policy — Updated July 21, 2021

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organizations will be shared in accordance with the Community Event Promotion and Sponsorship Policy. Additional information or materials may be posted at the discretion of the City Manager or Manager' s designee.

I. Use of E- Communication During Meetings. City Council members shall not use ECommunication at any time during a meeting of the City Council at which he or she is in attendance. No Commissioner may use E- Communication at any time during a meeting of the Commission of which he or she is a member at which he or she is in attendance.

The foregoing limitation shall not apply to receipt of telephone calls or text messages from family members in the event of an urgent family matter; a Council member or Commissioner wishing to respond to such a message during the meeting shall do so during a recess or shall excuse him or herself from the meeting to place the return call or text in a manner that does not disrupt the meeting.

J. City Participation in Internet Forums. The City will not generally answer questions or respond to comments made in Internet forums other than those shared through the City' s own accounts. The Mayor or City Council may ask staff to conduct outreach on common topics or questions. If a Council member desires staff to prepare a response to a question or comment received by E- Communication or made in an Internet forum, the Council and Commission member may forward the question or comment to the City Manager and request that staff prepare an appropriate response in a reasonable period of time. If preparation of a response will require significant staff time to research or draft the response, an interim response to the questioner or commenter will be sent as soon as possible acknowledging receipt of the inquiry and informing the sender that a response is being prepared.

IV. Specific Procedures
A. Retention of E- Mail. The City electronically archives E- communications in accordance with the City' s Records Retention schedule. E- communications that constitute preliminary drafts, notes, or intra-agency or interagency memoranda that are not retained by the City in the ordinary course of business are not required to be archived and should be deleted prior to regularly scheduled archiving. The City Clerk and City Attorney are available to assist Council members and Commissioners in determining how to address questions concerning the application of these procedures.

B. Public Records Act. City records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act. Disclosure may be required regardless of who sends or receives a communication or document. In the event that the City receives a request for disclosure of City records that includes E- Communication, the person responsible for the requested records must use his or her best efforts to preserve all City E- Communication covered by the request until the responsive ECommunications have been identified. Requests for disclosure of any City records applicable to E- Communication or other electronic records of any Council member or Commissioner shall be submitted to the City Clerk.

Council and Commission Electronic Communications Policy — Updated July 21, 2021

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C. Confidentiality.
1) California law requires that certain information be treated as confidential and not be distributed to others inside or outside the City who do not have authorization to view such information. Council members or Commissioners may occasionally receive confidential electronic information. Some examples of confidential information are:
personnel records, internal investigations, information relating to litigation or potential litigation, attorney -client communication, information relating to labor negotiations, or information relating to confidential real estate negotiations. When Council and Commission members receive confidential information, it should be marked " Confidential Information" so that Council and Commission members are alerted to the nature of the information.
2) Confidential information should not be sent or forwarded to individuals or entities not authorized to receive that information and should not be sent or forwarded to City employees not authorized to view such information.
3) Council and Commission members shall exercise caution in sending confidential information by E- Communication as compared to written memoranda, letters or phone calls; because of the ease with which such information can lose confidentiality by inadvertent or intentional diversion or re -transmission by others. 4) The City Attorney should be contacted concerning any questions about whether a communication is confidential.

V. Compliance with this Policy: It is the responsibility of every Council member and Commissioner to ensure that he or she is in compliance with this Electronic Communications Policy.

Council and Commission Electronic Communications Policy — Updated July 21, 2021

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City of San Jose City Administrative Policy Manual
Use of E-Mail, Internet Services, 1.7.1
and Other Electronic Media
Revised Date: January 31, 2023
Original Effective Date: August 22, 1997

GENERAL PRINCIPLES
Technology has significantly expanded opportunities to enhance communication, efficiency, effectiveness, and productivity in the delivery of City services. The City recognizes that the use of e-mail and computers by City employees has increased significantly, raising numerous policy issues with respect to communication, creation of information and systems, retrieval and storage of records, and proper etiquette.

Technology has also greatly expanded opportunities to communicate with friends and family through email and the internet, as well as providing opportunities to conduct personal business, including shopping, social networking, online banking and other non-work activities. However, the special ethical considerations of public service require us to separate our personal lives from our professional lives.

The City’s policy regarding the use of e-mail, internet services, and other electronic media is below.

POLICY

1. General Policy
As stated in the Code of Ethics, City employees and officials shall not use City time, City funds, City facilities, equipment, or supplies for personal use or personal gain. This includes computers, internet access, and email. These resources are provided for City business only.

It is the policy of the City of San José that the use of City computer equipment, electronic facilities and electronic data is limited to official City purposes only. Employees must use the information systems for City of San José business only. Amongst other non-City related uses that are prohibited, the e-mail system may not be used to solicit or persuade others for commercial ventures, religious or political causes, outside organizations, or other non-jobrelated solicitations.

Electronic mail and information systems of the City are not to be used in a way that may be disruptive, offensive to others, or harmful to morale. For example, the City prohibits the display or transmission of sexually explicit images, messages, cartoons, or any transmission or use of e-mail communications that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, national origin, color, sex, sexual orientation, age, disability, religious or political beliefs.

Employees should use personal cell phones/smartphones or personal laptops for personal business instead of using City equipment/resources. (For hourly employees, even when using personal equipment, any personal business should be conducted during breaks or lunch periods and for salaried employees shall not interfere with work. Such use must comply with other City policies, including the Discrimination and Harassment Policy.) From time to time, however, employees may need to use City equipment to communicate work schedule changes or scheduling or rescheduling of medical appointments because of work schedules. For purposes of this policy, these limited and brief communications shall be considered work-related.
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City of San Jose City Administrative Policy Manual
Use of E-Mail, Internet Services, 1.7.1
and Other Electronic Media
Revised Date: January 31, 2023
Original Effective Date: August 22, 1997

Because use of the City’s email and internet are for City business purposes only, employees should have no expectation of privacy when using these technologies. Email and internet use may be reviewed at any time.

Technology in the computer and e-mail industry changes rapidly and references to named suppliers in this policy are subject to change without prior notice and modification to the policy.

It is understood this policy will continue in full force and effect even if there are future additions and/or deletions to the named suppliers in this policy, if those suppliers are providing the same or similar services.

The following policies apply to the use of e-mail, internet services and other electronic media by City employees or users of the City electronic systems:

2. Public Records
All City records, regardless of media or format and including e-mail messages and other electronic records are governed by the requirements of the California Public Records Act (CPRA). Requests for information under the authority of the CPRA that involve e-mail messages and/or attachments should be handled in accordance with standard City and departmental policies. City Policy 6.1.1, Public Records Policy and Protocol, provides guidelines regarding the CPRA and responses to requests for records under its authority.

3. Retention and Management of E-Mail Messages
A. The City e-mail system is not a recordkeeping system and is not intended for regular retention of e-mail. All e-mail messages and attachments that fall under the description of any records series listed on an approved City records retention schedule must be removed from the e-mail system and retained as records. The City Public Records Manager can provide advice on whether or not particular e-mails constitute records.

B. Any e-mails and attachments that must be retained as records shall be saved as electronic files situated on the City’s computer network. No e-mails or other electronic records shall be stored on desktop or laptop computer hard drives (i.e., “C drives”) or in personal (.pst) e-mail files.

C. E-mail messages and attachments that do not need to be retained as records should be deleted as soon as possible. E-mail messages on the City e-mail system may be deleted regularly and automatically from the system by the Information Technology Department (ITD). This includes messages and attachments maintained in personal (.pst) files.

D. The City Attorney’s Office and/or the Office of Employee Relations may suspend the deletion of any e-mail that may be needed as documentation in the course of legal and/or disciplinary proceedings.

E. Employees must transfer messages and/or attachments that must be retained as records to storage off the e-mail system selectively as individual files. Employees shall not transfer undifferentiated e-mail in bulk to the City’s computer network or to local hard drives.
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City of San Jose City Administrative Policy Manual
Use of E-Mail, Internet Services, 1.7.1
and Other Electronic Media
Revised Date: January 31, 2023
Original Effective Date: August 22, 1997

F. Messages and attachments that are removed from the e-mail system for retention as records must be retained in accordance with an applicable approved records retention schedule. If unsure how to identify and use the applicable retention schedule, employees should contact their departmental Records Administrator or the City Public Records Manager for assistance.

G. The City does not back-up the e-mail system on a long-term basis or for recordkeeping purposes. The City stores electronic mail only to the degree that allows the restoration of current electronic mail in the event of a systems failure. E-mail messages and attachments that have been deleted by a user prior to a periodic back-up will not be recoverable from that back-up.

H. Each user is provided with a limited amount of storage space on the e-mail system as determined by ITD according to available resources and technological developments.

When employees reach that limit, the system will not permit the user to send or receive messages until the volume of messages for the user’s account has decreased within its prescribed limit.

I. ITD will limit the size of e-mail attachments that will be permitted to be transmitted according to available resources and technological developments.

4. Privacy, Access, and Ownership of E-Mail
Messages sent and received via the City’s e-mail system are the property of the City. The City reserves the right for any reason to access and disclose all messages and other electronic data sent over its electronic mail system or stored in its files. The City has the right to delete or retain any or all electronic files including e-mail of a City employee who is no longer employed by the City. There are no rights to privacy when using the City’s e-mail and internet system.

Departments that want to access a current employee’s email or internet access, must receive written approval from the City Manager’s Office, by submitting a request to the City Manager’s Office of Employee Relations. A Department Director or designee must approve access to a former employee’s email or internet access.

5. Attorney-Client Privileged Communications and Attorney Work Product Some messages sent, received, or stored on the City e-mail system will constitute confidential, privileged communications between the City and its attorneys. Some messages may be subject to the attorney work product doctrine as well. Attorney-client communications and attorney work product should never be forwarded without consulting both the City Manager’s Office and the City Attorney’s Office.

6. Confidential Information
Most communication among City employees is not considered confidential. However, certain communications, such as police investigations and personnel records, may be confidential or contain confidential information. Questions about whether communications are confidential should be raised with the City Manager’s Office or City Attorney’s Office. 58 of 65
City of San Jose City Administrative Policy Manual
Use of E-Mail, Internet Services, 1.7.1
and Other Electronic Media
Revised Date: January 31, 2023
Original Effective Date: August 22, 1997

A. Employees shall exercise caution in sending confidential information on the e-mail system as compared to written memoranda, letters, or phone calls, because of the ease with which such information may be retransmitted.

B. Confidential information should not be sent or forwarded to individuals or entities not authorized to receive that information and should not be sent or forwarded to other City employees not directly involved with the specific matter.

C. Care should be taken in using e-mail to ensure messages are not inadvertently sent to the wrong individual. In particular, employees should exercise care when using distribution lists to make sure all addressees are appropriate recipients of the information. Lists are not always current and individuals using lists should take measures to ensure lists are current.

D. Confidential information sent to non-City email accounts should be fully secured with encryption (mechanism to convert information into code to prevent unauthorized access.

ITD should be contacted in the event that any assistance is needed with encryption).

This includes Personally Identifiable Information, Credit Card Information, Protected Health Information, and any other type of confidential data.

E. Employees shall not discuss confidential information outside of the workplace.

F. Confidential information should not be reproduced unnecessarily.

G. Employees shall return all tangible forms of confidential information to the City upon termination of employment or at the City's request.

7. Internet and Intranet Services
The City of San José provides employees with Internet and Intranet access for official City business purposes only. The following policies are applicable to employee use of the Internet or Intranet via City provided access:

A. The City reserves the right to deny internet and/or intranet access to any employee or group of employees.

B. Employees shall not create discussion groups (blogs) on the Internet or Intranet without approval from the Department Director and the City Manager’s Office.

C. Departments shall designate a ‘Content Manager’ for point of contact with (ITD) and the City Manager’s Office.

D. Departments shall use the City’s Internet home page for all Internet postings and Intranet home page for Intranet postings, and shall not initiate new or separate services outside of the City’s designated services without the consent of the Department Director and the City Manager’s Office. Internet and Intranet home pages external to the City’s official sites must be linked to these home pages.
59 of 65
City of San Jose City Administrative Policy Manual
Use of E-Mail, Internet Services, 1.7.1
and Other Electronic Media
Revised Date: January 31, 2023
Original Effective Date: August 22, 1997

E. Departments shall post information to the Intranet and Internet using guidelines provided by the City Manager’s Office.

F. The decision of the City Manager’s Office for appropriateness of materials and usage of Internet and Intranet services shall be final.

G. Department Directors have primary responsibility to ensure adherence to this policy.

H. ITD has technical responsibility for setting up and managing Internet and Intranet resources, including user account maintenance.

I. The following policies are applicable to downloaded information:

1. Information downloaded from the Internet or Intranet shall be for City work related purposes only.

2. Downloading of large data images, video, and graphics should be timed so as not to impact the performance of the City network. Very large files should be downloaded after normal business hours.

J. Internet broadcast services must be approved by the Department Director or designee.

Internet broadcast services must utilize the centralized ITD broadcast servers when available.

8. Intellectual Property Rights
A. It is the City of San José’s policy to retain all copyrights and other intellectual property rights of which it is the legal owner. All copyrights and other intellectual property rights which are created by City employees in the course and scope of their employment by the City of San José are the exclusive property of the City of San José.

EXCEPTION: Works created under the following circumstances are excluded from this policy:

1. Works developed entirely by the employee on the employee’s own time without using City equipment, supplies, facilities, or trade secret information except for those creations that either:
(a) Relate at the time of conception or production to the City’s business, or actual or demonstrably anticipated research or development of the City; or
(b) Result from any work performed by the employee for the City.

For example, an employee may retain rights to artwork, photographs, and writings which are created by the employee at home, which are not related to the employees’ work and not intended to be used or purchased by the City of San José.
60 of 65
City of San Jose City Administrative Policy Manual
Use of E-Mail, Internet Services, 1.7.1
and Other Electronic Media
Revised Date: January 31, 2023
Original Effective Date: August 22, 1997

2. Copyrights or other intellectual property rights which are created pursuant to an authorized written agreement between the City of San José and the employee which gives a property right to the employee. Agreements shall not be authorized without prior written approval of the City Manager, or designee.

B. Transfer of Information

1. City employees shall not post material on Internet or Intranet services, send material via e-mail, copy materials, or download materials when such actions would constitute copyright infringement or violation.

2. Employees shall not transfer or use in the performance of their duties any proprietary or confidential information, whether or not in writing, of a former employer without that employer's written consent.

9. Security
A. City of San José information technology systems shall be protected, operated, and maintained by following the City’s Security Standards Handbook as well as the City Administrative Policy Manual 1.7.6, Information and Systems Security Policy.

B. The City reserves the right for any reason to access, disclose and delete all messages and other electronic data sent over its electronic mail system or stored in its files.

10. Employee/User Responsibilities
A. Employees shall not enter or attempt to enter the computer files or e-mail messages of another individual without the employee’s authorization or consent, or the consent of the City Manager’s Office.

B. Suspected or identified security violations shall be reported to the Cybersecurity Office.

Violators may lose email and/or internet access and may be subject to disciplinary action.

C. Employees shall not use re-mailing services, or use “anonymous” or “aliases” to protect their individual identities while using City information technology systems or equipment.

D. Employees shall not share their passwords under any circumstance.

E. All communications should follow proper etiquette, such as:

1. Materials posted by City employees shall professionally represent the City of San José. The transmission of defamatory, obscene, offensive or harassing messages, or messages which disclose personal information without authorization is prohibited.

2. E-mail messages and electronic postings may be read by people beyond the addressee, and upon request may be produced to a court in connection with litigation and should be composed accordingly.
61 of 65
City of San Jose City Administrative Policy Manual
Use of E-Mail, Internet Services, 1.7.1
and Other Electronic Media
Revised Date: January 31, 2023
Original Effective Date: August 22, 1997

F. Employees shall not send mass electronic mail messages on a “Department-wide” basis to all Department employees without prior written authorization of the Department Director, or designee. All “City-wide” emails must be approved and sent by the City Manager’s Office.

G. Employees should carefully consider the names on a mailing list as addressees or copies. Some employees may not want their e-mail addresses to be widely known or to receive responses to widely distributed messages.

H. Misaddressed e-mail shall be sent back to the original sender with a message that the message has been misaddressed, and the original deleted. However, if the misaddressed electronic mail is offensive, inappropriate or otherwise in violation of this policy, the misaddressed e-mail shall be forwarded to the recipient’s Department Director or designee for appropriate action.

I. Employees shall not use other e-mail services or third-party e-mail providers, such as Yahoo or Gmail, for City related purposes and shall not use City equipment to access such e-mail for any reason.

J. Employees shall not use City internet services to access broadcasting of web-streamed music.

Approved:
/s/ Jennifer A. Maguire January 31, 2023
City Manager Date
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______________________________________________________________________________________ TO: Mayor and Members of the Town Council
FROM: Mary Hufty
DATE: June 29,2023
RE: Conservation Committee
Agenda comments in red:

CALL TO ORDER & ROLL CALL Catherine Magill, Chair Judith Murphy, Vice Chair Teresa Coleman, Secretary Nona Chiariello, Member Paul Heiple, Member Marianne Plunder, Member Megan Richards, Member Dieter Walz, Member
Joerg Zimmerman, Member

1. ORAL COMMUNICATIONS FOR ITEMS NOT ON THE AGENDA Craig Drenan talked about flammable grasses left on the ground and the advantages of native grasses 3 minutes I spoke about the Community listening group for Stanford’s study on community response to Tule elk

2. APPROVAL OF MINUTES: May 23, 2023

4. SITE PERMITS: Reviewed
a. 35 Possum b. 350 Grove

5. OLD BUSINESS:

1. Oversight of Town-owned properties - Updates (Committee) i. Frog pond (Zimmerman) Discussed free pony tethering to decrease the Harding grass seed load.
ii. Springdown (Murphy),

TOWN OF PORTOLA VALLEY
Committee / Commission Liaison
Report

TOWN OF PORTOLA VALLEY
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iii. Town Center (Richards) Needs a grant for demonstration gardens for fire resistan t native planting – could ask the Woodside Atherton Garden Club

2. Committee / Town Cooperation
i. Discuss prioritization of Town monies for Open Space maintenance (Magill) A subcommittee was formed to work on priorities and budget strategies in light of cutswill work with open space and trails to look for grants – discussed status of grant writer and need to do work on our own. Catherine says she can write grants. ii. Public Works and Budget (Magill)
iii. Open Space Committee (Chiariello) A subcommittee was formed to liaison between open space to put environmental justice as one of the priorities for the Inclusionary Housing Fund. This will be forwarded to the Inclusionary Housing subcommittee – Judith and I .
iv. Wildfire Preparedness Committee (Chiariello) Continued discussion with Fire Department on animal corridors needed to protect evacuation routes. v. Trails and Paths (Coleman) Did not attend last meeting

3. CC Routine Town Communications i. Kudos (Plunder)
ii. Tip of the Month (Magill) Star thistle removal
Town of Portola Valley – Conservation Committee Agenda June 29, 2023

iii. What’s Blooming Now? (Magill)
iv. Backyard Habitat

7. NEW BUSINESS:
a. Discuss committee response to concerns about coyote sightings b. Discuss desired contents of updated Conservation Committee webpage c. Discuss State database of Conservation Easements (www.calands.org) (Magill)

8. ADJOURNMENT
The next regularly scheduled meeting date is July 25, 2023, 7:00 PM. 64 of 65
There are no written materials for
this item
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